Just before he blacked out, Yondell Johnson recalled lying on a downtown Houston sidewalk, blood trickling out of his nose and mouth while a group of men stomped and kicked his face.

Only moments before, the 29-year-old Johnson had been quietly sitting at a bus stop at Travis and McKinney, happily thinking about the day he just spent visiting with his 12-year-old daughter.

That's when Johnson, who's black, said he was approached by four shirtless white men asking for the time. Before he knew it, Johnson said the men were yelling at him, calling him the N-word. A brawl ensued, and the men eventually overtook Johnson.

Police arrested the four suspects shortly after the incident, which occurred just before midnight Aug. 13. Each was charged with misdemeanor assault in the beating.

Johnson said he believes he is not only the victim of assault but also of a hate crime.

Although Houston Police Department officers also reported the incident included racial slurs from the four suspects toward Johnson, the Harris County District Attorney's Office has not charged any of the men with a hate crime.

Class A misdemeanor

In a statement Wednesday, the DA's office said decisions to enhance charges with hate crimes are made after a criminal charge is filed. After the office investigates the evidence, the trial prosecutor determines if bias or prejudice can be proven, according to the statement.

"Any time there are allegations of a hate crime, we investigate," said Harris County District Attorney Pat Lykos, adding that this case is still under investigation.

The DA's office also noted that state law specifies which offenses can be enhanced with hate crime allegations.

For class A misdemeanors, as in this case, the maximum possible punishment - up to a year in jail - does not change with a hate crime finding.

However, minimum jail time for the charge can be 180 days if the jury makes a finding of bias or prejudice. Otherwise, there is no minumum jail time for class A misdemeanor convictions.

Local activists say including the hate crime in the case is as much about the principle as it is punishment.

Kerstetter, Cannon and McLaughlin all have criminal records in Harris County. Attorneys for Kerstetter and Cannon, whose criminal records include previous assault convictions, did not return phone calls for comment.

Staggs' attorney, Sergio T. Miranda, said his client, who is from San Antonio, told him he had nothing to do with the crime and didn't know the other three defendants. Miranda said his client said he was arrested because of his proximity to the incident.

N-word used, victim says

For Johnson, the events that unfolded earlier this month on that downtown street corner still feel surreal.

"I couldn't even imagine that they were doing that to me," he said. "I was just like destroyed."

He said he knew something terrible was going to happen when he saw the reflection of the men walking up behind him that night. After calling him the N-word, he said, they tried to swing at him.

An amateur competitive boxer, Johnson said he was able to fend them off for about 10 minutes before one of them grabbed him by the ankles, bringing him to the ground. One of the men then held Johnson down, while the other three began to beat him.

When he regained consciousness, Johnson said he followed the group, who had run from the bus stop, and fought them until police arrived.

For now, Johnson said he is just happy he's alive and gets to go home to his daughter.

"Anything could have happened," he said. "They could have kicked me till I was dead."